Stockard v. Hamilton
New Mexico Supreme Court
Appeal from District Court, Chaves County; Richardson, Judge. Action by J. W. Stockard against H. B. Hamilton, with garnishment against the Auditor and the Treasurer of the State of New Mexico. Demurrer to complaint overruled, and judgment entered against defendant and the garnishees, and defendant appeals. State disbursing officers are not subject to writ of garnishment for moneys constituting balance of salary due the district attorney.
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Appeal from District Court, Chaves County; Richardson, Judge. Action by J. W. Stockard against H. B. Hamilton, with garnishment against the Auditor and the Treasurer of the State of New Mexico. Demurrer to complaint overruled, and judgment entered against defendant and the garnishees, and defendant appeals. State disbursing officers are not subject to writ of garnishment for moneys constituting balance of salary due the district attorney. Art. 6, Sec. - 24, Const, of N. M.; Art. 2, Chap. 30, N. M. Stats. Ann. 1915; Secs. 1869-70-71-73, N. M. Stats.- Ann. 1915; Secs. 5333-5338-5339, N. M.…
1Opinion of the Court
OPINION OP THE COURT.
RAYNOLDS, J.
(after stating the facts as above).
[1] The appellant assigns as error the action of the district court sustaining the demurrer on the ground that the act of 1917 (Laws 1917, c. 18) is unconstitutional and void; that the state officers cannot be summoned as garnishees, nor can the salary of a state officer be garnished.
The question of garnishment of the salary of a state officer has been before this court on previous occasions, and it has been held that, in the absence of a statute clearly authorizing such action, a public, officer could not be summoned as…
2Cases cited2 opinions
- Owen v. TerrellNew Mexico Supreme Court · 1916
- First Nat. Bank v. ScottNew Mexico Supreme Court · 1917
3Cited by36 opinions
- Shovelin v. Central New Mexico Electric Cooperative, Inc.New Mexico Supreme Court · 1993
- Marquez v. WylieNew Mexico Supreme Court · 1967
- City of Roswell v. HolmesNew Mexico Supreme Court · 1939
- State v. LuceroNew Mexico Supreme Court · 2007
- Gray v. ArmijoNew Mexico Supreme Court · 1962
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